O PROTOCOLO DE JULGAMENTO COM PERSPECTIVA DE GÊNERO: ANÁLISE DE SUA APLICAÇÃO EM CASOS DE TENTATIVA DE FEMINICÍDIO

Trial protocol; Gender-based violence; Attempted femicide.

Abstract

Violence against women is one of the main social problems in Brazil, with femicide, the murder of women based on gender, being the most extreme form of this problem. Although Law No. 13.104/2015 recognized the severity of the phenomenon, the justice system still suffers from flaws, such as procedural delays and disregard for the history of violence. In 2021, the National Council of Justice created the Gender-Responsive Judgment Protocol to guide the analysis of cases of violence. This study investigates whether jury trials have applied this Protocol in cases of attempted femicide, assuming that its application is still incipient due to cultural barriers and lack of training. The overall objective is to analyze the conduct of trials and the impact of using the Protocol on the pursuit of justice, as well as to understand its origins, relevance, and the challenges of expanding the gender perspective in proceedings. This discussion is crucial to ensuring trials that recognize the structural inequalities of gender-based violence, contributing to a justice system that is more sensitive and committed to women's human rights.